LANDSHARK/MOMO IS "NO-MO" Ohio Court slaps Moretti with injunction For Immediate Release CINCINNATI, OHIO -- An off-track World SportsCar battle is raging in Hamilton County, Ohio, where Landshark Racing has gone to court to force...
LANDSHARK/MOMO IS "NO-MO" Ohio Court slaps Moretti with injunction
For Immediate Release
CINCINNATI, OHIO -- An off-track World SportsCar battle is raging in Hamilton County, Ohio, where Landshark Racing has gone to court to force Gianpiero Moretti and Moretti Racing, Inc. to honor their obligations. On March 13th, Moretti lost yet another round when in granting Landshark's motion for a preliminary injunction, the Court found:
"In every respect it is the Court's present conclusion that the plaintiff has met its burden of proof by clear and convincing evidence and is entitled to the relief sought. The underlying issue here involves the claim by the plaintiff that the Moretti defendants have agreed to sell a specific racing car to it"........"However, the plaintiff cannot get the Moretti defendants to turn over some indicia of ownership and/or physical possession of the vehicle"
"The significant payments made by the plaintiff to the Moretti defendants along with the evidence of efforts made to secure a title from Ferrari of North America suggest that the plaintiff is likely to eventually prevail on the underlying issue of whether a contract exists which would result in full vesting of title with the plaintiff"
".......the evidence suggests that only the plaintiff should have the present authority to both protect and preserve the vehicle pending the outcome of this litigation. Furthermore, as between the parties, the plaintiff should have the superior right to decide how and where the vehicle is kept".
The injunction was effective March 14th, and prohibits the Moretti defendants and Doran Enterprises, Inc. from possessing, racing, using, or altering the Landshark Ferrari 333 SP. Despite the Court's instructions, Doran then loaded the Landshark Ferrari 333 SP and transported it to Sebring, Florida!
The parties are scheduled to return to Court on May 23 for a further "custody" hearing.
For further updates, watch the Landshark Racing website http://www.landshark.com or contact Landshark Racing by: mail: P. O. Box 1776, Park City, UT 84060 telephone: 801-645-7333 fax: 801-645-7304 e-mail: email@example.com